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Nilesh Bhailal Pardeshi vs The State Of Maharashtra on 15 July, 2022

Bench: M.R. Shah, B.V. Nagarathna

     ITEM NO.15                               COURT NO.11                      SECTION IX

                                  S U P R E M E C O U R T O F           I N D I A
                                          RECORD OF PROCEEDINGS

     Petition for Special Leave to Appeal (C)                     No.      11156/2022

     (Arising out of impugned final judgment and order dated 29-03-2022
     in WP No. 2514/2021 passed by the High Court of Judicature at
     Bombay)

     NILESH BHAILAL PARDESHI                                                   Petitioner(s)

                                                        VERSUS

     THE STATE OF MAHARASHTRA & ORS.                                           Respondent(s)

     (FOR ADMISSION and I.R. and IA No.88070/2022-EXEMPTION FROM FILING
     O.T. )

     Date : 15-07-2022 This petition was called on for hearing today.

     CORAM :
                           HON'BLE MR. JUSTICE M.R. SHAH
                           HON'BLE MRS. JUSTICE B.V. NAGARATHNA

     For Petitioner(s)                   Mr. Ashish Wad, Adv.
                                         Ms. Sukriti Jaggi, Adv.
                                         Mr. Sidhanth Mahajan, Adv.
                                         Mr. Ayush Shah, Adv.
                                         M/S. J S Wad And Co, AOR

     For Respondent(s)

                            UPON hearing the counsel the Court made the following
                                               O R D E R

It is not in dispute that the dispute is with respect to the apportionment of compensation. In that view of the matter, the appropriate remedy would be as provided in Section 35 of the Maharashtra Industrial Development Corporation Act, 1961 (MIDC Act). As such the High Court has directed to refer the proceedings to the Authority as contemplated under Section 35 of the MIDC Act.

So far as the payment during the interregnum period is concerned, 17:26:40 IST Reason:

apart from the fact that the High Court has taken care of the contd..

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same, still considering the fact that the suit filed by the petitioner for partition which is dismissed for non prosecution and the application for restoration is pending since 2017, we direct the concerned Trial Court to consider the said application at the earliest in accordance with the law and on its own merits and if the suit is restored after giving an opportunity to the other side, in that case, it will be open for the petitioner to pray for an injunction which may be considered in accordance with law and on its own merits. With this, present Special Leave Petition stands disposed of.

Pending application(s), if any, shall stand disposed of.

(NEETU SACHDEVA)                                       (NISHA TRIPATHI)
ASTT. REGISTRAR-cum-PS                               ASSISTANT REGISTRAR